Drevaleva v. Alsup

Background

Tatyana Evgenievna Drevaleva sued the court and William H. Alsup, who had previously presided over Drevaleva’s case against her former employer. The court allowed Drevaleva to proceed without paying the filing fee. Magistrate Judge Beeler then screened the complaint under 28 U.S.C. § 1915(e)(2), which requires screening of qualifying complaints for minimum legal viability, and recommended dismissal because the lawsuit was barred by judicial immunity.

Drevaleva filed objections and additional briefing. The case was reassigned to Judge Charles R. Breyer.

Motion to Transfer

Drevaleva separately moved to transfer the case to the U.S. District Court for the District of New Mexico under 28 U.S.C. §§ 1404(a) and 1407. The court ruled that § 1407, which concerns transfers for multidistrict litigation, did not apply because such transfers must be initiated by the judicial panel on multidistrict litigation or through a motion filed with that panel.

The court considered the relevant § 1404(a) factors, including the parties’ contacts with the forum, the location of relevant events and evidence, litigation costs, and witness availability. It concluded that the factors weighed against transfer. The court emphasized that Drevaleva had filed the case in the current district and appeared to seek transfer after receiving Magistrate Judge Beeler’s unfavorable recommendation.

Disposition

Judge Breyer found the report and recommendation well-reasoned, thorough, and correct. He adopted it in full, overruled Drevaleva’s objections, dismissed the case, and stated that judgment would be entered for the defendants. He also denied Drevaleva’s motion to transfer.